Date of Decision: JAN. 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Business Administration
Petitioner Information
Profession: General and Operations Manager
Field: Business Administration
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
- Educational Credentials: Petitioner has academic credentials equated to a U.S. master’s degree in business administration according to an academic evaluation.
Criteria Not Met:
- Qualification as an Advanced Degree Professional: Petitioner failed to provide sufficient proof of possessing a U.S. advanced degree or equivalent and the required five years of progressive experience in the specialty of business management.
- Consistency in Educational and Work Experience Claims: Discrepancies in the petitioner’s academic records and unclear documentation of qualifying work experience.
Key Points from the Decision
Proposed Endeavor:
The petitioner aimed to work as a general and operations manager, primarily in business administration fields.
Substantial Merit and National Importance:
The decision did not find substantial merit or national importance in the petitioner’s proposed endeavor due to a lack of clear and persuasive evidence supporting her claims.
Supporting Evidence:
Petitioner provided diplomas, academic transcripts, and equivalency evaluations, but they were not accepted as conclusive due to inconsistencies and lack of detailed proof of the claimed five years of progressive experience.
Inconsistencies in Proposed Endeavor:
There were significant inconsistencies between the petitioner’s claimed qualifications and the evidence provided, particularly in terms of her educational background and professional experience.
Supporting Documentation
Letters of Intent: Not applicable
Business Plan: Not applicable
Advisory Letter: Not applicable
Any other supporting documentation: Various certifications and licenses were mentioned, but they were not relevant to the petitioner’s eligibility for the advanced degree classification.
Conclusion
Final Determination: The appeal is dismissed. The petitioner did not successfully demonstrate eligibility for EB-2 classification as an advanced degree professional nor justify a national interest waiver.
Reasoning: The key reasons for the decision included insufficient documentation and failure to resolve discrepancies in her qualifications, particularly concerning her educational background and work experience.
Download the Full Petition Review Here
